These are our standard conditions of sale
1. DEFINITIONS AND INTERPRETATION
“The Company” shall mean Interiors By MT Design Design Ltd. “The Customer” shall mean any person, partnership, unincorporated business or incorporated company to whom the Company agrees to sell goods or services. “Goods” and “Services” shall mean the supply and installation of the furniture specified in the quotation or drawing. “Materials” shall mean high-density particleboard and melamine and solid wood or wood veneers appropriate to the range of furniture ordered. The singular shall include the plural and male shall include female.
2. FORMATION OF CONTRACT
(1) All orders and contracts shall be in writing. The Company is not willing to contract otherwise than on these conditions. No modifications of these conditions shall be effective unless the same is in writing and signed by a director of the Company.
(2) Owing to fluctuations in the cost of materials and fittings if a contract has not been concluded between the Company and the Customer within a period of 60 days from the date of the estimate the Company reserves the right to re-estimate for such Goods and Services and the Company may at its discretion refuse to accept any order which constitutes only part of the Goods or Services forming the subject of this estimate. Applications will be invoiced at prices ruling at the date of the Company’s deposit invoice referred to in these conditions.
(3) Any estimate shall be regarded as an invitation to treat.
Value Added Tax (where applicable) shall be charged at the rate ruling at the date of the Company’s invoice.
4. EXTRA COSTSIn the event of: -
(1) The Company suspending work on any contract or order upon the instructions of the Customer or because the Customer fails to give such information or instructions to the Company as it may reasonably require in order to perform the same, or
(2) The Company at the request of the Customer agreeing to any departure from or variation to the contract specification upon which the estimate was based, or
(3) The Customer delaying in or not providing free access to its premises when the Goods are ready for the delivery and installation and the Customer has been notified to this effect by the Company or
(4) The Premises of the Customer failing to meet the requirements of the Company necessary for the installation of the Goods including the rerouting of electrical and plumbing services if applicable Then in addition to the Contract price the Customer shall be charged at the current charging rate of the Company for all extra work and materials and for any other expenses reasonably incurred by the Company as a result of the suspension departure variation delay or works of adaptation in order to enable the goods to be installed by the Company always provided that if access to the Customer’s premises has not been afforded within 14 days of notification that the Goods are ready for delivery and installation the Customer shall pay forthwith to the Company the balance of the contract sum.
5. DESIGNS AND SPECIFICATIONS
Owing to the continual development and improvement of its products the Company reserves the right at any time and without prior notice to the Customer to make any modifications in design or specification of its Goods if the Company considers that such modification is beneficial provided the Company shall substitute articles or materials of equivalent quality to the original specification.
(1) The Customer shall give full and free access to the Company and its installers to the Customer’s Premises so that installation can take place.
(2) Installation dates (where given) are quoted in good faith and whilst the Company will make every possible effort to meet Installation dates, it will not in any circumstances be liable for any failure to do so, nor for consequential loss of any kind arising from late delivery and save as provided in these conditions time shall not be of the essence in relation to the date of installation.
(3) In the event that the Company shall be delayed in or prevented from carrying out all or any of its obligations under a Contract for the sale of Goods or performance of Services as a result of any cause beyond its control including (but not by way of limitation) strikes lock-outs breakdown of plant failure of a third party to deliver goods or materials storm flood and fire it shall be relieved of all obligations and liabilities incurred under such Contract for so long as performance is thereby prevented frustrated or impeded.
(4) It is expected that any newly plastered walls be fully dried out to enable the Company to meet installation dates. If dehumidifiers are found to be necessary, they are to be organised and paid for by the customer.
7. TERMS OF PAYMENT
(1) Payment of the contract price shall be in the instalments set out in the estimate and normally a deposit of 40% of the contract price will be required upon issue of a deposit invoice.
(2) An interim payment of 50% of the contract price will be due 7 days prior to delivery of the goods or start of site work, whichever comes first, to the place of installation.
(3) The Balance of 10% of the contract price will be due on completion of the installation or where all goods have been delivered & signed for by the client
(4) Extra costs shall be paid when invoiced by the Company.
(5) In all cases payment shall be strictly within 7 days of the date of the invoice otherwise the Customer shall in addition pay interest upon the outstanding calculated on a daily basis at 5% above the Lloyds Bank base lending rate from time to time in force from the date of default until the date that payment is received.
(6) In the event of the Customer failing to make any payment on any due date the Company shall be entitled to treat such failure as a repudiation of the contract and of all other contracts between the Company and the Customer and without prejudice to all other rights of the Company to claim damages or any other relief the company may suspend all manufacturing or installation works.
(7) No delay or default in payment nor any retention shall be made by the Customer in respect of any works of minor adjustment remaining to be carried out following installation.
8. RETENTION OF TITLEUntil the Customer pays the Contract Price for the Goods in full to the Company: -
(1) Legal and equitable title to the Goods shall not pass to the Customer notwithstanding that the delivery and installation of the goods may have taken place.
(2) The customer acknowledges by placing its order with the Company that from the date of delivery of the goods the Customer shall be in a fiduciary relationship with the Company and shall hold the Goods as bailee for the Company and shall maintain them in their original form at the place of installation.
(3) The Customer shall permit the Company to enter the premises where the Goods are delivered to inspect the same and effect the removal of the Goods to Premises of the Company should the Company deem this to be expedient.
(1) The Company warrants that the Goods are of merchantable quality and fit for the purpose for which they have been designed. The Company does not give any warranty as to fitness for any other purpose whether or not such purpose shall have been made known to the Company and all other warranties or conditions which would otherwise be implied by law are hereby excluded.
(2) The limit of the Company’s contractual liability shall be the contract price of the Goods and Services.
(3) No warranty is given in respect of appliances or laminates fittings or other materials manufactured or fabricated other than by the Company.
(4) The Goods supplied by the Company are constructed predominately from timber and timber veneers. Wood, being a natural material, is susceptible to variations in colour or shade and whilst every effort is made to match timbers as closely as possible during finishing, the Company cannot accept liability for any variations which may be found to exist.
(5) The Company shall not under any circumstances be liable for any consequential losses or damage howsoever suffered by the Customer or any other person nor any loss or damages whatsoever resulting from failure to follow the Company’s simple recommendations for the operation or use of the Goods by the customer or any misuse of the Goods by the Company.
10. PASSING OF RISK
Notwithstanding that title to the Goods may have passed the goods are at the entire risk of the Customer from the date of delivery to the Customer’s Premises.
11. SUSPENSION OF DELIVERY
In the event of the Customer having made any arrangements with its creditors or suffered a receiver to have been appointed over any of its assets or suffered any execution or distress to be levied upon any of its assets or failed to satisfy any judgement debt within 7 days of the becoming payable, the Company shall be entitled to suspend delivery or installation of the Goods.
All Goods ordered are purpose made and accordingly the Customer has no right to terminate the agreement.
It is hereby confirmed that the rights of the Company shall not be diminished or waived by any indulgence or forbiddance extended to the customer and no waiver by the Company of any specific breach on the part of the Customer shall operate as a waiver of any breach.
In the event of any one or more of these conditions becoming invalidated or unenforceable for any reason whatsoever it is hereby declared and confirmed that such event shall not affect any of the other conditions which shall remain in full force and effect.